- (1.) This application at the instance of the holders of licenses of husking machines and is directed against an order, annexure 'C'. From a reference to the said order it appears that the petitioners' application for operating husking machines has been directed to be shelved until further decision and that too at the instance of Subdivisional Advisory Vigilance Committee. It appears from the submissions as made by Mr. Mukherjee that such a Committee is quite unknown to the statute relating to the husking machines and as such the respondent No. 4, viz., the Sub-Divisional Controller of Food and Supplies, Hooghly, in my view, has acted irregularly and without jurisdiction, apart from arbitrarily, in making the impugned order in terms of the resolution of the said Committee.
(2.) Thus this Rule should succeed and the same is made absolute. There will be no order as to costs. The order in annexure 'C' is quashed.
(3.) Let it be noted that this will not prevent or preclude the respondents from considering the prayer of the petitioners by themselves and without any reference to the resolution of the Subdivisional Advisory Vigilance Committee. I am further informed by Mr. Mukherjee that he period for which such permission was asked for has expired and thereafter the petitioners have duly made application for necessary permission. While dealing with the matter now and in terms of the directions as above the respondents will be authorised to take cognisance of such application which the petitioners have made.;